Terms of service

TERMS OF SERVICE OF THE ONLINE SHOP podklady.rokiczanka.pl

 

This is an English translation provided for convenience. The Polish version of these Terms is the binding one.

 

§1. Definitions

 

  1. Seller — Doctimed Joanna Kruk-Bachonko, Kozubszczyzna 4G, 21-030 Motycz, Poland, NIP (Polish tax ID): 9181933265.
  2. Shop — the online shop operated at podklady.rokiczanka.pl.
  3. Customer — a person using the Shop who intends to conclude, or concludes, a Sales Contract with the Seller.
  4. Consumer — a natural person entering into a legal transaction with a trader that is not directly connected with their business or professional activity.
  5. Trader with consumer rights — a natural person entering into a contract directly connected with their business activity where it is clear from the content of the contract that it is not of a professional nature for them.
  6. Product (Backing track) — digital content: a music backing track in MP3 format (a recording without the vocal layer) or a bundle of such backing tracks (ZIP), being the subject of the Sales Contract.
  7. Order — a declaration of intent by the Customer constituting an offer to conclude a Sales Contract for a Product with the Seller.

§2. General provisions

 

  1. These Terms set out the rules for using the Shop, the conditions for concluding Sales Contracts, the scope of the licence granted for the Products, the complaints procedure and information about the right of withdrawal.
  2. Contact with the Seller (point of contact, also for authorities and institutions): e-mail podklady@rokiczanka.pl. Communication is conducted in Polish or English.
  3. Matters not covered by these Terms are governed by Polish law, in particular: the Civil Code, the Consumer Rights Act of 30 May 2014, the Act on the Provision of Electronic Services of 18 July 2002, the Act on Copyright and Related Rights of 4 February 1994 and the Act on Out-of-Court Resolution of Consumer Disputes of 23 September 2016.
  4. Product prices shown in the Shop are in Polish złoty (PLN) and are final prices. The Seller benefits from a personal VAT exemption under Article 113(1) and (9) of the Polish Act on Value Added Tax.

§3. Technical requirements

 

  1. Using the Shop and the purchased Products requires: a device with internet access, an up-to-date web browser, an active e-mail address and software capable of playing MP3 files and extracting ZIP files.
  2. The files offered in the Shop are MP3 at 320 kbps quality. Details of the contents of each Product are given in its description.

§4. Electronic services

 

  1. The Seller provides the following services electronically and free of charge: the ability to place an Order, a contact form and an optional Customer account.
  2. Creating an account is not required in order to place an Order.
  3. The Customer is obliged to use the Shop in accordance with the law and good practice, and not to submit content of an unlawful nature.
  4. Complaints regarding the operation of the Shop may be submitted to podklady@rokiczanka.pl; they are considered within 14 days.

§5. Conclusion of the contract and delivery of the Product

 

  1. Information in the Shop does not constitute an offer within the meaning of the Civil Code; it constitutes an invitation to conclude a contract. By placing an Order, the Customer makes an offer to the Seller to purchase the Product.
  2. The price displayed at the time the Order is placed is binding; subsequent price changes and promotions do not affect Orders already placed.
  3. The Sales Contract is concluded when the Seller confirms acceptance of the Order after the payment has been credited.
  4. After the Order has been paid for, the Customer receives a purchase confirmation and a link enabling the Product to be downloaded at the e-mail address provided. The digital content is delivered immediately after the payment is credited.
  5. If a downloaded file is lost, the Customer may ask the Seller to make the Product available again.

§6. Payments

 

  1. Payments are handled by an external payment operator. The available payment methods are presented during the ordering process.
  2. Fulfilment of the Order begins once the payment has been credited.

§7. Invoices

 

  1. At the Customer's request the Seller issues an invoice without VAT, annotated with the personal exemption under Article 113(1) and (9) of the Polish Act on Value Added Tax. To request an invoice, the Customer provides a tax ID (NIP) in the order form.
  2. The invoice is issued automatically once the Order has been paid for and is sent to the Customer's e-mail address.

§8. Licence to use the Backing tracks

 

  1. The Seller sells the Backing tracks under a licence granted to the Seller by the entity holding the rights to the arrangements, artistic performances and phonograms recorded in the Backing tracks, together with the right to grant Customers sub-licences within the scope set out in this paragraph. The works used in the Backing tracks are in the public domain (traditional folk songs and Christmas carols) or are the creative work of the rights-holding entity. The economic copyright and related rights in the Backing tracks remain with the rights-holding entity.
  2. Upon delivery of the Product, the Seller grants the Customer a non-exclusive, perpetual and territorially unlimited sub-licence covering the right to: a) use the Backing track for the Customer's own purposes, including copying it onto devices the Customer uses; b) publicly perform works live using the Backing track — among others at weddings, concerts, ceremonies, competitions, school events and other performances, including those of a commercial nature; c) publish online (e.g. YouTube, social media) recordings of the Customer's own performances made using the Backing track, provided the source is clearly credited in the description of the publication: „Podkład: Rokiczanka — podklady.rokiczanka.pl"; d) make technical changes to the Backing track for the Customer's own needs (e.g. key, tempo), with respect for moral rights.
  3. The sub-licence does not include the right to: a) resell, rent or lend the Backing track; b) make the Backing track file available to third parties in any form (including online as a downloadable file); c) grant further sub-licences; d) use the Backing track in advertising, film or other commercial production that is not the Customer's own vocal performance — such use requires separate consent from the Seller (contact: podklady@rokiczanka.pl).
  4. The Backing tracks may be marked with inaudible identifying marks. The Customer is obliged not to remove or modify them.

§9. Right of withdrawal

 

  1. A Consumer and a Trader with consumer rights has, as a rule, the right to withdraw from a distance contract within 14 days without giving a reason.
  2. Under Article 38(13) of the Consumer Rights Act, the right of withdrawal does not apply to contracts for the supply of digital content not delivered on a tangible medium where performance began with the express and prior consent of the Customer, who was informed before performance began that they would lose the right of withdrawal once performance was complete and acknowledged this, and the Seller provided the Customer with confirmation of the conclusion of the contract.
  3. By placing an Order, the Customer consents to the immediate delivery of digital content and acknowledges the loss of the right of withdrawal from the moment delivery begins.
  4. Where the right of withdrawal does apply, the Customer may use the form appended to these Terms; sending the declaration to podklady@rokiczanka.pl is sufficient to meet the deadline. Payment is refunded without delay, and no later than within 14 days, using the same payment method the Customer used.

§10. Complaints

 

  1. The basis and scope of the Seller's liability for the conformity of the Product with the contract are set out in the provisions of the Consumer Rights Act (Article 43h et seq. concerning digital content).
  2. A complaint (e.g. a damaged or incomplete file, or one that does not match its description) should be reported to podklady@rokiczanka.pl or in writing to the Seller's address, quoting the order number, a description of the problem and contact details.
  3. The Seller will respond to the complaint without delay, and no later than within 14 days. Failure to respond within that period to a Consumer or a Trader with consumer rights means the complaint is deemed upheld.
  4. If a complaint is upheld, the Seller supplies a correct file or remedies the defect in another manner agreed with the Customer.

§11. Intellectual property in the Shop's content

 

  1. All content published in the Shop (descriptions, graphics, demo recordings, layout) is protected by copyright.
  2. Use of the Shop's content without the Seller's consent, beyond the scope of the sub-licence under §8 and permitted use, constitutes an infringement of copyright.

§12. Personal data

 

The rules for processing personal data are set out in the Privacy Policy available in the Shop.

 

§13. Out-of-court dispute resolution

 

  1. Disputes with the Seller will in the first instance be resolved amicably, through negotiation.
  2. A Consumer may use out-of-court methods of handling complaints and pursuing claims, including: mediation, the permanent consumer arbitration courts at the Provincial Inspectorates of Trade Inspection (list at uokik.gov.pl), the free assistance of the district (municipal) consumer ombudsman and the ODR platform: ec.europa.eu/consumers/odr.

§14. Final provisions

 

  1. Contracts concluded through the Shop are governed by Polish law, which does not deprive Consumers of the protection afforded by mandatory provisions of law.
  2. A Trader with consumer rights is protected in respect of: abusive clauses, liability for the conformity of the Product with the contract and the right of withdrawal — provided the contract is not of a professional nature for them.
  3. The Seller reserves the right to amend these Terms for important reasons. Changes are announced in the Shop at least 14 days in advance. Orders placed before a change are governed by the Terms in force at the time they were placed.
  4. The Shop does not allow Product reviews to be published.

Appendix — model withdrawal form

 

(complete and return this form only if you wish to withdraw from the contract, in situations where that right applies)

 

Addressee: Doctimed Joanna Kruk-Bachonko, Kozubszczyzna 4G, 21-030 Motycz, Poland, e-mail: podklady@rokiczanka.pl

 

— I/We(*) hereby give notice that I/we(*) withdraw from the contract for the supply of the following digital content: ............

— Date of conclusion of the contract: ............

— Name of consumer(s): ............

— Address of consumer(s): ............

— Signature (only if this form is submitted on paper): ............

— Date: ............

 

(*) Delete as appropriate.